Any sheriff, deputy sheriff, constable or other officer specially empowered may call out the bystanders or posse comitatus of the proper county to his assistance whenever he is resisted or has reasonable grounds to suspect and believe that such assistance will be necessary in the service or execution of process in any criminal case and any deputy sheriff may call out such posse comitatus to assist in enforcing the laws and in arresting violators or suspected violators thereof. Any person refusing to assist as one of the posse comitatus in the service or execution of such process, when required by the sheriff, deputy sheriff, constable or other officer shall be liable to be indicted therefor and upon conviction shall be fined and imprisoned, at the discretion of the court any person who shall fail to respond and render assistance when summoned by a deputy sheriff to assist in enforcing the laws and in arresting violators or suspected violators thereof shall be guilty of a misdemeanor and, upon conviction shall be fined not less than thirty nor more than one hundred dollars or imprisoned for thirty days.
HISTORY: 1962 Code Section 53-199; 1952 Code Section 53-199; 1942 Code Sections 1382, 1952, 3493; 1932 Code Sections 1382, 1952, 3493; Civ. C. '22 Section 2038; Cr. C. '22 Sections 312, 328, 934; Cr. C. '12 Sections 322, 936; Cr. C. '02 Sections 235, 650; G. S. 2569, 2702; R. S. 200, 537; 1839 (11) 52; 1871 (15) 560; 1912 (27) 865.
Structure South Carolina Code of Laws
Title 23 - Law Enforcement and Public Safety
Chapter 15 - General Powers And Duties Of Sheriffs And Deputy Sheriffs
Section 23-15-20. Maintenance and contents of books of record.
Section 23-15-30. Manner in which final process and other papers shall be kept and arranged.
Section 23-15-40. Service of process, orders and notices; penalties for default.
Section 23-15-45. Service of arrest warrants on incarcerated inmates; statewide jurisdiction.
Section 23-15-50. Arrest of persons against whom process issued; bail.
Section 23-15-60. Breaking into house to arrest person or seize goods.
Section 23-15-70. Call out for assistance or posse comitatus; penalty for refusing to assist.
Section 23-15-90. Summoning constables to attend court.
Section 23-15-100. Execution of orders of county governing bodies.
Section 23-15-110. Practicing law or serving as clerk of court.
Section 23-15-120. Coroner to serve or execute process on sheriff in certain circumstances.